Category Archives: Design-Build and Public Private Partnerships

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EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v. Changzhou SinoType Technology Co., Ltd., the California Court of Appeal held that parties may not contract around the formal service requirements of the Convention on the Service … Continue Reading

Contractors May Benefit by Taking Equity in the Project They are Constructing

Contractors may benefit in making a small equity investment in the projects they construct. The financial benefit can arise from the investment itself and from improved understanding and communication with the owner during construction itself. In the past, it was not unusual for construction companies to make small equity investments in the projects they worked … Continue Reading

Public Private Partnership Upheld For Construction of Presidio Parkway

In 2009, the California legislature amended Section 143 of the Streets and Highways Code and greatly expanded availability of the public-private partnership (“P3”) as a mechanism to finance transportation infrastructure projects. In early 2010, under the authority of the newly amended Section 143, the California Department of Transportation (“CalTrans”) began to implement part of the … Continue Reading

Two New Laws Create More Design-Build Opportunities for Local Governments and State Agencies

By Meredith A. Jones-McKeown Most Local Governments Can Now Use Design-Build Methodology on Projects Over $1 Million All cities can now use design-build project delivery systems for buildings with a value above $1 million. For solid waste management and wastewater treatment facilities, a pilot program also allows cities, counties, and special districts to use the … Continue Reading

Public-Private Partnerships: A Growing Trend (Part I)

This article is part one of a series of three articles by the author regarding public-private partnerships. By Edward B. Lozowicki At an increasing rate, state and local governments are considering public-private partnerships, or "P3s," to finance, design and build public infrastructure projects. A P3 refers to a contractual agreement between a public agency and a … Continue Reading

Public-Private Partnerships: Potential Conflicts With Prevailing Wage Laws (Part II)

This article is part two of a series of three articles by the author regarding public-private partnerships. By Edward B. Lozowicki  The advent of public-private partnership agreements in turn gives rise to potential conflict with other statutes regulating procurement of public works projects. For example, is the P3 infrastructure project a "public work," and are "public funds" … Continue Reading

Public-Private Partnerships: P3s and Competitive Bidding Laws (Part III)

This article is part three of a series of three articles by the author regarding public-private partnerships. By Edward B. Lozowicki  In the United States, public contracts are generally subject to the competitive bidding process as a matter of public policy. This is considered the best way to serve the public interest, if for no other reason … Continue Reading

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